HomeMy WebLinkAboutMINUTES - 12042001 - C.18 1 l
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Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 4, 2001, by the following vote:
AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 571
SUBJECT: Acceptance of Grant Deed of Development Rights (Property Line Structure Setback) for
Subdivision MS 106-90, granted by the Harold and Elizabeth Schulz Revocable Trust, Rosemarie A.
Keebler and Theodore Welp, Knightsen area(District III).
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of Subdivision MS 106-90, Harold & Elizabeth Knightsen III
Development Rights condition of approval 9c. Schulz Revocable
(Property Line Structure Trust, Rosemarie A.
Setback). Keebler and Theodore
Welp.
JD:Iad Uata\GngSvc\Bo\2001\I'ctt�\MS 106-90 BO-27-2.doc I hereby certify that this is a true and correct co of an attic
1D:lad Y Y PY
originator: Public Works(ES) taken and entered on the minutes of the Board of Supervise:
Contact:Rich Lierly(313-2343) on the date shown.
cc: Recorder('via Title Company)then PW Records
Current Planning,Community Development
Attn: Rose Marie Pietras
Schulz Trust,Rosemarie A.Kccblcr and Theodore Wclp.
1150 Pinewood Drive ATTESTED: December 4 , 2001
Napa,CA 94558 JOHN SWEETEN, Clerk.of the Board of Supervisors an
County Administrator
By_ , Deputy
RESOLUTION NO. 2001/ 571
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Knightsen
Subdivision: MS 106-90
A P\: 020-110-006
GRANT DEED OF DEVELOPMENT RIGHTS
(Property Line Structure Setback.)
To meet condition of approval number 9C, of Subdivision MS 106-90, the Harold and Elizabeth Schulz
Revocable Trust,dated August 7,1997,Rosemarie Keebler and Theodore Welp(Owners)hereby grant to
the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental
successor or successors of said county,the future development rights, as defined herein below,over a portion
of that real property known as Parcels "A,B, C and D", of Subdivision MS 106-90, situated in the County of
Contra Costa, State of California and more particularly described in .Exhibit "A".
Development rights are defined to mean and refer to the right to approve or disapprove of any proposed
construction, development or improvement within the areas marked "Restricted Development Area
(Property Line Structure Setback)." The development rights are and shall be a form of covenant, which
shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of
said property. fn the event of a disapproval of proposed construction by Grantee or successor Grantee, said
proposed construction shall not be performed. Grantee, or successor Grantee, may condition the approval of
any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor
Grantee, may deem appropriate.
The undersigned executed this instrument on e L,, (Dale).
HAROLD P. SCHULZ and ELIZABETH M. SCHULZ,
Trustees of the Harold and Elizabeth Schulz Revocable
Trust,dated August 7, 1997,as to an undivided 1/3 interest;
ROSEMARIE A. KEEBLER, as to an undivided 1/3
interest and THEODORE WELP, as to an undivided 1/3
interest.
Harold P. Schulz, trustee.
E abeth M. Schulz, trustee. H roll P. Schult
Power of Att rney
Rosemarie A. Keebler By Joseph ebler,
Attorney—in—fact
Theodore Wclp by osep ebler, attorney-in-fact
(See attached notary)
G.'•Gr1al:na•din�S.cJlltil"PI l`.'_no I%Oaol,cr•,.nIS!w-w)10-1 Joc
1D W si
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of ('a 1 i fnrn i a OPTIONAL SECTION
County of Contra costa CAPACITY CLAIMED BY SIGNER
On 10-18—01 .before me, Beverly Sue McMurdo, Notary Public Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to
personally appeared Joseph M. Keebier, attorney in fact for persons relying on the document.
Rosemarie A. Keebler & The 6'W8' 1'1 D INDIVIDUAL
❑ personally(mown to me-OR- proved to me on the basis of satisfactory evidence to D CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
BEVERLY SUE MCMURDO subscribed to the within instrument and
Commission# 1286987 acknowledged to me that he/she/they executed D PARTNER(S) ❑ LIMITED
Z the same in his/her/their authorized
i Notary Public-California � ❑ GENERAL
z capacity(ies),and that by his/her/their
Contra Costo County signature(s)on the instrument the person(s)or D ATTORNEY-IN-FACT
MyCornrri. �Dt3c 11,21704 the entity upon behalf of which the person(s) D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
acted,executed.the instrument.
D OTHER:
WITNESS my ha and official scat, SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTTrYuEs))
GNATURE OF NOTARY
OPTIONAL SECTION
Grant Deed of Development
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Rights ( Set'hark
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document Oct 18, 2001
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
111. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney, notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
)C:rrrar
\\PWS4\SHARDAT\GrpDau\EngSwForms\WORI)FORMSWI.PURPOSE NOTARY.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
state of California OPTIONAL SECTION
County of Contra Costa CAPACITY CLAIMED BY SIGNER
On 10-18-01 ,before me, Beverly Sue McMurdo, NO a P � - Though statute does not require the Notary to fill in
DATE NA ,TITLE OF OFFICER E.G.,"LANE DOE,NO ARY PUBLIC the data below,doing so may prove invaluable to
personally appeared
Harold P. Schulz & Harold P. Schulz, Power persons relying on the document.
NAME(S)OFSIGNER(S) ❑ INDIVIDUAL
of Attorney for Elizabeth M. Schulz ❑ CORPORATEOFFICER(S)
❑ personally known to me-OR-1d proved to me on the basis of satisfactory evidence to
K __ �_ - AN be the person(s)whose name(s)is/are TITLE(S)
BEVERLY SUE MCMURDO subscribed to the within instrument and
acknowledged to me that he/she/they executed
I : C o.mmissbn#12Bb987 Z ❑ PARTNER(S) Ll LIMITED
Z the same in his/her/their authorized ❑ GENERAL
Z Public-Caltfomia > capacity(ies),and that by his/her/their ❑ A"TTORNEY IN-FAC"T
C'rsta COW" signature(s)on the instrrment the person(s)or
M y,<o,en.,c��; c I1,M the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
`asra••�: ,_ acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
WITNESS my hand and official seal,
— SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENrrrY(EES))
SIGNATURE OF NOTARY
OPTIONAL SECTION Grant Deed of Development
[re-attachment
S CERTIFICATE MUST BE ATTACHED Title or Type of Document_Rights ( Setback)
THE DOCUMENT AT RIGHT. Number of Pages
ugh the data below is not required by law,it may prove valuable Date of Document Oct 18, 2001
ersons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partners p.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question Is required. A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw
\\PWS4'SIIARDATA\GrpData\EngSwTorim\WORD FORMSULL PURPOSE NOTARY.doc
Subdivision MS 106-90
(Property Line Structure Setback)
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
A portion of Parcels"A,B,C and D",designated as"Restricted Development Area(Property
Line Stricture Setback)"shown on the parcel map of Subdivision MS 106-90,on file at the County
Recorder's Office as follows:
Date:
Book:
Page:
Gi\.GrpData`,EngSvcVOSEI'IP�001\October\NIS 106-90 LX-A.doc
JD:lad:sr
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
JOSEPH M. KEEBLER
DICKENSON, PEATMAN &FOGARTY
A Professional Law Corporation
809 Coombs Street
Napa, California 94559-2977
DURABLE POWER OF ATTORNEY LIMITED TO TRANSACTIONS AFFECTING REAL
PROPERTY SITUATED IN CONTRA COSTA COUNTY, CALIFORNIA
I,ROSEMARIE A. KEEBLER, a resident of Napa, California, do hereby appoint
JOSEPH M. KEEBLER as my attorney-in-fact to act for me and in my name as authorized in
this document.
By this document I intend to create a Durable Power of Attorney under California
Probate Code Section 4100 et. seq. This power of attorney and the powers granted to my
attorney-in-fact shall not be affected by subsequent incapacity of the principal.
1. YOUR POWERS. I hereby grant to JOSEPH M. KEEBLER as my attorney-
in-fact all powers and authority to act as attomey-in-fact for me and in my name with respect to
each and all of the following matters as the same are defined in California Probate Code Section
4451, which section 4451 is referred to and is hereby incorporated by reference pursuant to
California Probate Code Section 4263, and shall be interpreted and exercised in the same manner
as if this were a Statutory Form Power of Attorney executed pursuant to Probate Code Section
4401. Without limiting the powers specified in said Section 4451,those powers shall be
interpreted to include, but not be limited to, the following specific powers:
With respect to any interest in all real property which I may own which is situated in the County
of Contra Costa, State of California, including any interest in such real property which I may
hereafter acquire, you are.authorized to pay all property taxes, liens and encumbrances, including
any mortgage or deed of trust;to contract for, purchase, and receive such property, and all deeds
and other assurances therefor;to lease, sell, exchange, change the form of title, release, convey,
mortgage or otherwise encumber, and convey by way of deed of trust, upon such terms and
conditions and under such covenants as you shall deem proper;to grant options;to eject, remove,
or relieve tenants or other persons from, and recover possession of, such property by all lawful
means; to collect, receive and receipt for rents and profits from such properties;to subdivide,
develop or dedicate such property to public use, to dedicate easements or impose restrictions
upon the use, including agricultural and conservation easements and restrictions, to or for public
use without consideration;and to maintain, protect,preserve, insure, repair, build upon,
demolish, alter,or improve such property, or any part of it, and any tangible personal property
which I may own which is located in or around such property. You are authorized to pay all
expenses, execute all documents required by the County of Contra Costa and make all necessary
security deposits required by the County of Contra Costa for subdivision of such property, and to
pay any expenses to develop and construct required improvements, maintain or repair the
premises, to insure my tangible personal property located thereon, and to pay any fees, costs or
charges required by the County of Contra Costa for subdivision of such property. As used herein,
the term "subdivision" shall include, but shall not limited to,the division of any such property by
parcel map proceedings.
2. LIMITATIONS OF YOUR POWERS. Notwithstanding the provisions of
paragraph 1,your exercise of all powers granted in this document are specifically limited to be
exercised only with regard to my rights, title, ownership and interest in and to any and all parcels
of real property situated in the County of Contra Costa, State of California, including, but not
limited to, all of my rights,title, ownership and interest in and to the real property described in
the Interspousal Transfer Grant Deed recorded on August 13, 2001, as Serial No. 01-238202, in
the Contra Costa Official Records, State of California(APN 020-110-006), and including, but
not limited to,the subdivision thereof in conformance with the Conditions of Approval For
Minor Subdivision 106-90 approved by the County of Contra Costa.
3. RATIFICATION. I hereby ratify and confirm all.that you shall do or cause to
be done under the authority granted in this document, and all documents signed, endorsed,
drawn, accepted, made, executed or delivered by you shall bind me, my estate, my heirs,
successors, and assigns.
4. TTRRD PARTY RELIANCE. For the purpose of inducing the County of
Contra Costa and any bank, broker, custodian, insurer, lender, transfer agent, taxing authority,
governmental agency, or other party to act in accordance with the powers granted in this
document, I hereby represent, warrant, and agree that:
A. If this document is revoked or amended for any reason, 1, my estate, my
heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or
liability incurred, by such party or parties in acting in accordance with this document prior to that
party's receipt of written notice of any such termination or amendment.
B. The powers conferred on you by this document may be exercised by you
alone and your signature or act under the authority granted in this document may be accepted by
third parties as fully authorized by me and with the same force and effect as if I were personally
present, competent, and acting on my own behalf.
C. No person who relies upon any representation you may make regarding 1)
the fact that your powers are then in effect, 2) the scope of your authority under this document,
3) my competency at the time this document is executed, 4) the fact that this document has not
been revoked, or 5) the fact that you continue to serve as my attorney-in-fact shall incur any
liability to me, my estate, my heirs, successors or assigns for permitting you to exercise any
power granted to you, nor shall any person who deals with you be responsible to determine or
insure the proper application of funds or property.
D. You shall have the right to seek appropriate court orders mandating acts
which you deem appropriate if a third party refuses to comply with actions taken by you which
are authorized by this document or enjoining acts by third parties which you have not authorized.
In addition, you may sue a third party who fails to comply with actions I have authorized you to
take and to demand damages, including punitive damages, on my behalf for such non-
compliance.
5. REVOCATION OR AMENDMENT. I retain the right to revoke or amend
this document and to substitute other attorneys-in-fact in your place. Revocation or amendments
to this document shall be made in writing by me personally (not by you) and they shall be
attached to the original of this document and recorded in the same county or counties as the
original if the original is recorded.
6. USE OF PHOTOCOPIES OR FACSIMILE COPIES. Only one original of this
document has been executed. All parties dealing with you are authorized to rely fully on a
photocopy or a facsimile copy of the original executed document.
7. SEVERABILITY. If any provision of this document is not enforceable or is
not valid, the remaining provisions shall remain effective.
8. GOVERNING LAW. This document shall be governed by the laws of the State
of California in all respects, including its validity, construction, interpretation, and termination. I
intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be
presented and for any such jurisdiction to refer to California law to interpret and determine the
validity of this document and any of the powers granted under this document.
I execute this Durable Power of Attorney on October 2001, in Napa, California.
R E A.KEEBLER
Principal
I hereby agree to serve as Attorney-in-Fact as authorized in this document.
Dated: October_t!�:, 2001. AAA
KEEBLE
Attorney-in-Fact
Address and phone number of Attorney-in-Fact: 1150 Pinewood Drive
Napa, California 94558
(707) 252-1133
STATE OF CALIFORNIA )
) ss.
COUNTY OF NAPA )
On 1 D-1's-2co t before me, 0aLyY h L .GwPe,n a
Notary Public in and for the State of California, personally appeared ROSEMARIE A.
KEEBLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
CAMN LYNN GRUI
Commission#1205M
Notary Kbk-CdffORi1aNot Public
Contra Costa County ai
My comm EPies Jon 16.2000
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
JOSEPH M. KEEBLER
DICKENSON, PEATMAN & FOGARTY
A Professional Law Corporation
809 Coombs Street
Napa, California 94559-2977
DURABLE POWER OF ATTORNEY LIMITED TO TRANSACTIONS AFFECTING REAL
PROPERTY SITUATED IN CONTRA COSTA COUNTY, CALIFORNIA
I, ELIZABETH M. SCHULZ, a resident of Hillsborough, California, do hereby appoint
HAROLD P. SCHULZ as my attorney-in-fact to act for me and in my name as authorized in this
document.
By this document I intend to create a Durable Power of Attorney under California
Probate Code Section 4100 et. seq. This power of attorney and the powers granted to my
attorney-in-fact shall not be affected by subsequent incapacity of the principal.
I. YOUR POWERS. I hereby grant to HAROLD P. SCHULZ as my attorney-in-
fact all powers and authority to act as attorney-in-fact for me and in my name with respect to
each and all of the following matters as the same are defined in California Probate Code Section
4451, which section 4451 is referred to and is hereby incorporated by reference pursuant to
California Probate Code Section 4263, and shall be interpreted and exercised in the same manner
as if this were a Statutory Form Power of Attorney executed pursuant to Probate Code Section
4401. Without limiting the powers specified in said Section 4451,those powers shall be
interpreted to include, but not be limited to,the following specific powers:
With respect to any interest in all real property which I may own which is situated in the County
of Contra Costa, State of California, including any interest in such real property which I may
hereafter acquire, you are authorized to pay all property taxes, liens and encumbrances, including
any mortgage or deed of trust;to contract for,purchase, and receive such property, and all deeds
and other assurances therefor; to lease, sell, exchange, change the form of title,release, convey,
mortgage or otherwise encumber, and convey by way of deed of trust, upon such terms and
conditions and under such covenants as you shall deem proper;to grant options; to eject,remove,
or relieve tenants or other persons from, and recover possession of, such property by all lawful
means;to collect,receive and receipt for rents and profits from such properties;to subdivide,
develop or dedicate such property to public use, to dedicate easements or impose restrictions
upon the use, including agricultural and conservation easements and restrictions, to or for public
use without consideration; and to maintain, protect, preserve, insure, repair, build upon,
demolish, alter, or improve such property, or any part of it, and any tangible personal property
Oct 17 01 08: 16p Joe Keebler 7072521149 p. 5
STATE OF IDAHO ) H o
) SS.
COUNTY OF CUSTER)
On (�_E Q a43a1 before me, Qf'�&Wa Notary
Public in and for the State of Idaho, personally appeared THEODORE WELP, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
M.
�P ,........••
-Q �,pTARy Z�- otar ublic /
�L�`"'l�c/� �!T• .O�/moi �C,�Q�C./��1��
5
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which I may own which is located in or around such property. You are authorized to pay all
expenses, execute all documents required by the County of Contra Costa and make all necessary
security deposits required by the County of Contra Costa for subdivision of such property, and to
pay any expenses to develop and construct required improvements, maintain or repair the
premises, to insure my tangible personal property located thereon, and to pay any fees, costs or
charges required by the County of Contra Costa for subdivision of such property. As used herein,
the term "subdivision" shall include, but shall not limited to,the division of any such property by
parcel map proceedings.
2. LIMITATIONS OF YOUR POWERS. Notwithstanding the provisions of
paragraph 1, your exercise of all powers granted in this document are specifically limited to be
exercised only with regard to my rights, title, ownership and interest in and to any and all parcels
of real property situated in the County of Contra Costa, State of California, including, but not
limited to, all of my rights, title, ownership and interest in and to the real property described in
the Interspousal Transfer Grant Deed recorded on August 13, 2001, as Serial No. 01-238202, in
the Contra Costa Official Records, State of California(APN 020-110-006), and including, but
not limited to,the subdivision thereof in conformance with the Conditions of Approval For
Minor Subdivision 106-90 approved by the County of Contra Costa.
3. RATIFICATION. I hereby ratify and confirm all that you shall do or cause to
be done under the authority granted in this document, and all documents signed, endorsed,
drawn, accepted, made, executed or delivered by you shall bind me, my estate, my heirs,
successors, and assigns.
4. THIRD PARTY RELIANCE. For the purpose of inducing the County of
Contra Costa and any bank, broker, custodian, insurer, lender, transfer agent, taxing authority,
governmental agency, or other party to act in accordance with the powers granted in this
document, I hereby represent, warrant, and agree that:
A. If this document is revoked or amended for any reason, I, my estate, my
heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or
liability incurred, by such party or parties in acting in accordance with this document prior to that
party's receipt of written notice of any such termination or amendment.
B. The powers conferred on you by this document may be exercised by you
alone and your signature or act under the authority granted in this document may be accepted by
third parties as fully authorized by me and with the same force and effect as if I were personally
present, competent, and acting on my own behalf.
C. No person who relies upon any representation you may make regarding 1)
the fact that your powers are then in effect, 2) the scope of your authority under this document,
3) my competency at the time this document is executed, 4) the fact that this document has not
been revoked, or 5) the fact that you continue to serve as my attorney-in-fact shall incur any
liability to me, my estate, my heirs, successors or assigns for permitting you to exercise any
power granted to you, nor shall any person who deals with you be responsible to determine or
insure the proper application of funds or property.
D. You shall have the right to seek appropriate court orders mandating acts
which you deem appropriate if a third party refuses to comply with actions taken by you which
are authorized by this document or enjoining acts by third parties which you have not authorized.
In addition, you may sue a third party who fails to comply with actions I have authorized you to
take and to demand damages, including punitive damages, on my behalf for such non-
compliance.
5. REVOCATION OR AMENDMENT. I retain the right to revoke or amend
this document and to substitute other attorneys-in-fact in your place. Revocation or amendments
to this document shall be made in writing by me personally (not by you) and they shall be
attached to the original of this document and recorded in the same county or counties as the
original if the original is recorded.
6. USE OF PHOTOCOPIES OR FACSIMILE COPIES. Only one original of this
document has been executed. All parties dealing with you are authorized to rely fully on a
photocopy or a facsimile copy of the original executed document.
7. SEVERABILITY. If any provision of this document is not enforceable or is
not valid, the remaining provisions shall remain effective.
8. GOVERNING LAW. This document shall be governed by the laws of the State
of California in all respects, including its validity, construction, interpretation, and termination. I
intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be
presented and for any such jurisdiction to refer to California law to interpret and determine the
validity of this document and any of the powers granted under this document.
I execute this Durable Power of Attorney on October 2001, in Hillsborough,
California.
ETH M. SCZ
k"
Principal
I hereby agree to serve as Attorney-in-Fact as authorized in this document.
Dated: October , 2001. 4
HAROLD P. SCHULZ
Attorney-in-Fact
Address and phone number of Attorney-in-Fact: 75 Country Club Drive
Hillsborough, California 94010
(650) 347-0400
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN MATEO)
On 0 before me, Afill7d a. & eIASel/ , a
Notary Public in and for the State of California, personally appeared ELIZABETH M. SCHULZ,
perw,,ally ka =m +^ me(or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(r
AM.',A a. PREISSER
Commission# 1245886,01 Notary Public
Notary Public-Califomia
Alameda County
@*Con-m B¢kes Dec 17.2003
Oct. 17 01 08: 11P Joe Keeb 1 er 7072521149 p. 2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURNTO:
JOSEPH M. KEEBLER
DICKENSON, PEATMAN & FOGARTY
A Professional Law Corporation
809 Coombs Street
Napa, California 94559-2977
Dl)R.NBLE POWER OF ATTORNEY LIIVIITED TO TRANSACTIONS AFFECTING REAL
PROPERTY SITUATED IN' CONTRA COSTA COUNTY, CALIFORNIA
1, THEODORE WELP, a resident of the State of Idaho, do hereby appoint JOSEP14 M.
KEEBLER as my attorney-in-fact to act for me and in my name as authorized in this document.
By this document 1 intend to create a Durable Power of Attorney under California
Probate Code Section 4100 et. seq. This power of attorney and the powers granted to my
attorney-in-fact shall not be affected by subsequent incapacity of the principal.
1. YOUR POWERS. I hereby grant to JOSEPH M. KEEBLER as my attorney-
in-fact full all powers and authority to act as attorney-in-fact for me and in my name with respect
to each and all of the following matters as the same are defined in California Probate Code
Section 4451, which section 4451 is referred to and is hereby incorporated by reference pursuant
to California Probate Code Section 4263, and shall he interpreted and exercised in the same
manner as if this were a Statutory Form Power of Attorney executed pursuant to Probate Code
Section 4401. Without limiting the powers specified in said Section 4451, those powers shall be
interpreted to include, but not be limited to, the following specific powers:
With respect to any interest in all real propeity which I snay own which is situated in the County
of Contra Costa, State of California, including any interest in such real property which I may
hereafter acquire, you are authorized to pay all property taxes, liens and encumbrances, including
any mortgage or deed of trust;to contract for, purchase. and receive such property, and all deeds
and other assurances therefor; to lease, sell, exchange, change the form of title, release, convey,
mortgage or otherwise encumber, and convey by way of deed of trust, upon such terms and
conditions and under such covenants as you shall deem proper;to grant options;to eject, remove.
or relieve tenants or other persons from, and recover possession of, such property by all lawful
means; to collect, receive and receipt for rents and profits from such properties; to subdivide,
develop or dedicate suchproperty to public use, to dedicate easements or impose restrictions
upon the use, including agricultural and conservation easements and restrictions, to or for public
use without consideration; and to maintain, protect, preserve, insure, repair, build upon,
demolish, alter, or improve such.property, or any part of it, and any tangible personal property
which I may own which is located in or around such property. You are authorized to pay all
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expenses, execute all documents required by the County of Contra Costa and make all necessary
security deposits required by the County of Contra Costa for subdivision of such property, and to
pay any expenses to develop and construct required improvements, maintain or repair the
premises, to insure my tangible personal property located thereon, and to pay any fees, costs or
charges required by the County of Contra Costa for subdivision of such property. As used herein,
the term "subdivision" shall include, but shall not limited to, the division of any such property by
parcel map proceedings.
2. LIMITATIONS OF YOUR POWERS. Notwithstanduig the provisions of
paragraph 1, your exercise of all powers granted in this document are specifically limited to be
exercised only with regard to my rights, title, ownership and interest in and to any and all parcels
of real property situated in the County of Contra Costa, State of California, including, but not
limited to, all of my rights,title, ownership and interest in and to the real property described in
the Interspousal Transfer Grant Deed recorded on August 13, 2001, as Serial No. 01-238203, in
the Contra Costa Official Records, State of California (APN 020-110-006),and including, but
not limited to,the subdivision thereof in conformance with the Conditions of Approval For
Minor Subdivision 106-90 approved by the County of Contra Costa.
3. RAT1FiCATION. 1 hereby ratify and confirm all that you shall do or cause to
be done under the authority granted in this document, and all documents signed, endorsed,
drawn, accepted, made, executed or delivered by you shall bind me, my estate, my heirs,
successors,and assigns.
4. THIRD PARTY RELIANCE. For the purpose of inducing the County of
Contra Costa and any bank, broker, custodian, insurer, lender, transfer agent, taxing authority,
governmental agency, or other party to act in accordance with the powers granted in this
document, I hereby represent, warrant, and agree that:
A. If this document is revoked or amended for any reason, I, my estate, my
heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or
liability incurred, by such party or parties in acting in accordance with this document prior to that
party's receipt of written notice of any such termination or amendment.
B. The powers cx)nferred on you by this document may be exercised by you
alone anis your signature or act under the authority granted in this document may be accepted by
third parties as fully authorized by me and with the same force and effect as if I were personally
present, competent, and acting on my own behalf.
C. No person who relies upon any representation you may make regarding I)
the fact that your powers are then in effect, 2) the scope of your authority under this document,
3) my competency at the time this document is executed, 4) the tact that this document has not
been revoked, or 5) the fact that you continue to serve as my attorney-in-fact shall incur any
liability to me, my estate, my heirs, successors or assigns for permitting you to exercise any
power granted to you, nor shall any person who deals with you be responsible to determine or
insure the proper application of funds or propei-Ey.
Oct 17 01 08: 14p Joe Keebler 7U7ebe114J P.
D. You shall have the right to seek appropriate court orders mandating acts
which you deem appropriate if a third party refuses to comply with actions taken by you which
are authorized by this document or enjoining acts by third parties which you have not authorized.
In addition, you may sue a third party who fails to comply with actions I have authorized you to
take and to demand damages, including punitive damages, on my behalf for such non-
compliance.
5. REVOCATION OR AMENDMENT. I retain the right to revoke or amend
this document and to substitute other attorneys-in-fact in your place. Revocation or amendments
to this document shall be made in writing by me personally (not by you) and they shall be
attached to the original of this document and recorded in the same county or counties as the
original if the original is recorded.
6. USE OF PHOTOCOPIES OR FACSIMILE COPIES. Only one original of this
document has been executed. All parties dealing with you are authorized to rely fully on a
photocopy or a facsimile copy of the original executed document.
7. SEVERABILITY. If any provision of this document is not enforceable or is
not valid, the remaining provisions shall remain effective.
8. GOVERNING LAW. This document shall be governed by the laws of the State
of California in all respects, including its validity, construction, interpretation, and termination. I
intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be
presented and for any such jurisdiction to refer to California law to interpret and determine the
validity of this document and any of the powers granted under this document.
I execute this Durable Power of Attorney on October , 2 00 1, in Stanley, Idaho.
THEODORE WELD
Principal
I hereby agree to serve as Attorney-in-Fact as authorized in this document.
Dated: October (' ,, 2001. � __
JOSEP M. KF,EBLER
rney-in-Fact
Address and phone number of Attorney-in-Fact: 1150 Pinewood Drive
Napa, California 94558
(707) 252-1133
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STATE OF IDAHO ) t-DAµo
ss.
COUNTY OF OUSTER )
On nrpt3( —__/, d6o( before me, _ �I (AZS'wa Notary
Public in and for the State of Idaho, personally appeared THEODORE WELP, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrurnent the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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